City of Rio Vista, California TITLE 13, CHAPTER 13.08, ARTICLE III FAT, OIL AND GREASE SOURCE CONTROL ORDINANCE NO.

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City of Rio Vista, California TITLE 13, CHAPTER 13.08, ARTICLE III FAT, OIL AND GREASE SOURCE CONTROL ORDINANCE NO. AN ORDINANCE OF THE CITY OF RIO VISTA, CALIFORNIA, AMENDING CHAPTER 13.08 OF THE RIO VISTA MUNICIPAL CODE, RELATING TO SEWER USE REGULATIONS, INCLIDING THE ADOPTION OF FAT, OIL AND GREASE CONTROL REGULATIONS APPLICABLE TO FOOD SERVICE ESTABLISHMENTS City Attorney s Summary This ordinance amends the City s existing sewer use regulations to include regulations applicable to food service establishments, including restaurants and cafeterias, to limit fat, oil and grease from entering the private and public sewer system, prevent sewer system overflows, establish best management practices and provide for penalties and enforcement options.

City of Rio Vista, California Fat, Oil and Grease Source Control Ordinance TITLE 13, CHAPTER 13.08, ARTICLE III FAT, OIL, AND GREASE SOURCE CONTROL ORDINANCE CONTENTS 13.30.010 PURPOSE... 11 13.30.014 DEFINITIONS... 11 13.30.015 GRADING APPROVAL REQUIRED... 44 13.30.016 EXEMPTIONS... 55 13.30.017 GRADING APPROVAL... 55 13.30.018 CONDITIONS OF GRADING APPROVAL... 1111 13.30.019 LIABILITY... 1111 13.30.020 SCOPE OF APPROVAL... 1212 13.30.021 WATER OBSTRUCTION... 1312 13.30.022 LEVEE WORK... 1313 13.30.023 CONSTRUCTION IN PUBLIC RIGHT-OF-WAYS... 1313 13.30.024 HAZARDS... 1414 13.30.025 NOT RETROACTIVE... 1515 13.30.025-099 RESERVED... 1515 13.30.100 APPLICATION FOR GRADING APPROVAL PERMIT... 1515 13.30.101 IMPROVEMENT PLANS IN LIEU OF APPLICATION FOR PERMIT... 1515

City of Rio Vista, California Fat, Oil and Grease Source Control Ordinance Title 13, Chapter 13.08, Article III - Fat, Oil and Grease Source Control Ordinance 13.08.310 Purpose The City of Rio Vista finds that, in order to provide for the public health and welfare, and to comply with the laws and regulations of the State of California and the United States Government, it is necessary to set uniform requirements for all users of the City s sanitary sewer system to include, but not be limited to, the following: A. To establish the appropriate authority for the City to conduct or deny discharges to the City sewer system; B. To prevent the introduction of excessive amounts of grease into the City sewer system; C. To prevent the clogging or blocking of the City sewer lines due to grease build-up causing backup and flooding of streets, residences and commercial buildings; D. To implement procedures to recover the costs incurred in cleaning and maintenance of sewer lines and the disposal of grease blockages; E. To implement a procedure to recover costs for any liability incurred by the City for damage caused by grease blockages resulting in the flooding of streets, residences or commercial buildings; F. To establish enforcement procedures for violations of any part or requirement of this ordinance; and G. To establish authority for the City to carry out routine and non-routine monitoring (sampling and inspections) of the grease interceptors and/or traps, and food service facilities. 13.08.311 Definitions Unless the particular provision or the context otherwise requires, wherever the following terms are used in this ordinance, they shall have the meaning ascribed to them in this section: Approved accepted as satisfactory under the terms of this article and given formal and official sanction by the City. City the City of Rio Vista, employees of the City or authorized agents of the City. Director the Director of Public Works of the City of Rio Vista, or his or her authorized designees. Discharge the introduction of waste into the sanitary sewer system. 1

Disposal the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or semi-solid grease interceptor waste, grit interceptor waste and/or sewage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. Existing Facility any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which started before the adoption of this ordinance. Food Service Establishment (FSE) any facility that cuts, cooks, bakes, prepares or serves food, or which disposes of food-related wastes. Garbage Grinder a device, which shreds or grinds up solid or semisolid waste materials into smaller portions for discharge into the sanitary sewer and POTW. Generator a facility that causes, creates, generates, stores or otherwise produces waste from on-site process operations, whether domestically or commercially generated, or as a byproduct of some domestic or nondomestic activity. The generator is responsible for assuring that the produced waste is disposed of in accordance with all Federal, State, and local disposal regulations. Grease Interceptor/Interceptor a water-tight receptacle used by commercial or industrial generators of liquid waste to intercept, collect and restrict the passage of grease and food particles into the sanitary sewer to which the receptacle is directly or indirectly connected, and to separate and retain grease and food particles from the wastewater discharged by a facility. Grease Trap a device placed under or in close proximity to sinks or other fixtures likely to discharge grease in an attempt to separate, intercept or hold grease waste to prevent its entire into the sanitary sewer and POTW. Grease Interceptor Waste any grease, food particles, or organic or inorganic solid or semisolid waste collected and intercepted by the grease interceptor, usually in layers of floatable grease (material floating to the service), suspended grease and oil (material held in liquid) and settled solids (material settled to the bottom of the interceptor). All three layers are removed from the grease interceptor during cleaning. When properly operated, the floatable layer and the settled layers are held in the interceptor and only removed during cleaning operations. The liquid layer is allowed to discharge from the interceptor to the sewer line. Inspection Port openings, with easily opened covers, designed to allow inspectors quick access to the inlet flow control device, each compartment of the 2

grease interceptor, and the effluent from the interceptor. A monitoring port is an inspection port large enough to allow temporary installation of monitoring devices such as samplers, strip recorders, flow meters or other such measuring and/or monitoring devices. Inspector the Director of Community Development and/or the Director of Public Works or his/her duly authorized representative who is assigned to investigate compliance and detect violations of this ordinance. Living Quarters a facility, or an area of a facility, where a person or family has a distinct living area, which includes individual kitchen and bath facilities, used solely by that single person or family. Manager the person, regardless of actual title, immediately on-site at a location conducting, supervising, managing, or representing the activities of a generator, a transporter, or a disposer. New Facility A. Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the adoption of this ordinance, provided that: (1) The building structure, facility or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) The production process or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new faculty is engaged in the same general type of activity as the existing source, should be considered; or (4) Any remodeling or modification that results in a new facility as determined by the Community Development Department. B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation but otherwise alters, replaces, or adds to the existing process or production equipment. 3

C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (1) Begun, or caused to begin, as a part of a continuous on-site construction program any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or (2) Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph. Publicly Owned Treatment Works (POTW) a treatment works as defined by Section 212 of the federal Water Pollution Control Act (Clean Water Act) as amended, (33U.S.C. 1292 et seq.), which is owned by the City of Rio Vista. Shall or May shall is mandatory; may is optional. Sewage water-carried human wastes or a combination of water carried waste from residences, commercial buildings, industrial plants, and institutions, together with such ground, storm, and surface waters as may be present. Single Service Kitchen a kitchen where no food preparation or cooking occurs, no dishwasher or garbage grinder exists and food is served on disposable tableware only. Twenty-Five Percent Rule grease interceptors shall be pumped-in-full when the total accumulation of surface FOG (including floating solids) and settled solids reaches twenty-five percent (25%) of the grease interceptor s overall liquid depth. Waste the liquid and water-carried domestic or industrial wastes from dwellings, commercial establishments, industrial facilities, and institutions, whether treated or untreated. The terms sewage and wastewater are also considered waste. 13.08.312 Discharge Prohibition A. It is unlawful for any generator of fat, oil, or grease to discharge wastewater into the sanitary sewer that is in violation of this ordinance, or of any condition set forth in this ordinance. 4

B. It is unlawful to discharge solids, fat, oil or grease in amounts or in concentrations that result in plugging, blocking or restricting the flow of the sanitary sewer system, or otherwise interfering with proper operation of the City s sanitary sewer system. C. It is unlawful to interfere with a grease interceptor or the sanitary sewer, including alteration or removal of any flow constricting devices so as to cause flow to rise above the design capacity of the interceptor. 13.08.313 Grease Interceptor/Trap Required All Food Service Establishments shall discharge all grease bearing wastewater through an adequately sized, properly maintained and functioning grease interceptor/trap before the discharge enters the sanitary sewer system. A. New Food Service Establishments (FSE) are those establishments that started construction after the effective date of this ordinance. B. Existing Food Service Establishments that do not have an installed interceptor after the effective date of this ordinance shall not be required to install an interceptor unless one of the following events occurs.: (a) The FSE is remodeled to add new FOG generating processes and/or equipment; (b) The FSE is remodeled to expand seating capacity by more than fifty percent (50%); (c) The FSE has been identified by the City as a significant FOG source that has caused: (i) An increase in the sewer collection line maintenance of sewer lines downstream of the FSE s discharge to the City sewer; (ii) The FSE has been identified as a sole or contributing cause of a sanitary sewer backup or overflow from the City sanitary sewer system. C. Exemptions: If in the opinion of the City, the FSE will not generate sufficient FOG to create a problem in the sewer collection lines, the City may grant an exemption to a Food Service Establishment from the requirements of this section. However, this exemption will automatically be rescinded if the FSE meets the criteria of paragraph B of this part. 13.08.314 Grease Trap Specifications 5

A. Grease Traps are prohibited for new Food Service Establishments. (See 13.08.313, defining Grease Trap.) Existing FSEs with grease traps may continue to use the grease trap, provided the FSE does not meet the criteria specified in 13.08.313 of this ordinance. B. Grease Trap Specifications (1) Grease Traps shall conform to the standards in the Plumbing and Drainage Institute Standard #PDI-G101. (2) Grease Traps shall be installed in strict accordance with the manufacturer s instructions. (3) Grease Traps shall be equipped with a cover that can be opened for inspection and sampling and a mechanism for secure closing. (4) Grease Trap Capacity means that the capacity of the grease trap is related to the flow rate as indicated in table 1 of the appendix of the PUD Standards G101 document. (5) Flow-Through Rates are calculated in accordance with the procedures in the PDI-G101. Grease Traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow cannot exceed the manufacturer s rated capacity recommended in gallons per minute for the unit. (6) Inspection, Cleaning, and Maintenance. (i) Each FSE is solely responsible for the cost of trap installation, inspection, cleaning and maintenance. (ii) Each FSE may contract with a Grease Trap Service Company, or it may develop a written protocol and perform its own grease trap cleaning and maintenance procedures. (iii) Cleaning and maintenance shall be performed when the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the total volume of the unit. Each food service facility shall determine the frequency at which its grease trap will be cleaned. (iv) All grease traps shall be opened and inspection a minimum of once per week. 6

(v) Repairs. The FSE is responsible for the cost and scheduling of all repairs to its grease trap(s). (7) Recordkeeping. The FSE shall maintain records of the date, time and name/initial of the person performing the cleaning and maintenance of each grease trap in a bound logbook, and shall make this book available for inspection by the City. 13.08.315 Grease Interceptor Specifications A. Grease Interceptors are required for all new Food Service Establishments, except for those facilities granted an exception by the City. It is the responsibility of the FSE to ensure that the wastewater discharged from their facility is in compliance with the City s discharge limitations. B. Grease Interceptor Approval by the City is required, prior to installation of an interceptor. All grease interceptors shall meet the following criteria: (1) All grease interceptor installations shall comply with the City Building Code. (2) Grease Interceptor design shall conform to the requirements of the Uniform Plumbing Code, Appendix H. (3) Grease Interceptors shall be a minimum of 1,500 gallons. Where sufficient capacity cannot be achieved with a single unit, installation of grease interceptors in a series is required. Interceptor capacity calculations shall be approved by the City, prior to the installation of the interceptor(s). (4) Grease Interceptors shall have a minimum of two (2) compartments, and be capable of separation and retention of grease and storage of settled solids. (5) Grease Interceptors shall be equipped with covers that can be opened for inspection, sampling, and cleaning. (6) Wastewater from toilets and other similar fixtures cannot be introduced into the grease interceptor or trap. (7) Fixtures Serviced by Interceptor. The following types of equipment or fixtures have been identified as potential sources of FOG and shall be connected to a grease interceptor: (a) (b) (c) Automatic hood washing units; Dishwashers; Floor sinks; 7

(d) Food prep sink; (e) Kitchen floor drains; (f) Mop sinks; (g) Pre-rinse and/or pre-wash sinks or sinks in dishwashing areas; (h) Self-cleaning ovens; (i) Two and three compartment sinks; (j) Ventilation/exhaust hoods; (k) Wok stoves; and (l) Other fixtures determined to be a source of grease. (8) Interceptor Location (a) Grease interceptors shall be located in the food service facilities lateral sewer line, between all fixtures which may introduce grease into the sewer system and the connection to the City s wastewater collection system. (b) A grease interceptor cannot be installed in any part of a building where food is handled. C. Grease Interceptor Inspection, Cleaning, and Maintenance (1) The FSE is solely responsible for the cost of grease interceptor installation, in section, cleaning, and maintenance. (2) Cleaning Grease Interceptors: (a) Twenty-five Percent (25%) Rule. Grease Interceptors shall be cleaned when the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the total volume of the Grease Interceptor. Any Food Service Establishment found to violate this rule may be required to pump more frequently than quarterly. (b) Cleaning Frequency: (i) (ii) Unless otherwise approved by the City, grease interceptors shall be pumped-in-full, a minimum of every three (3) months; The FSE shall establish a more frequent cleaning schedule based on the twenty-five percent (25%) rule. (c) The FSE should hire a Grease Interceptor Service Company to clean the installed interceptor. The FSE shall obtain, and maintain on-site, written documentation of the work performed by the service company. This may be in the form of a service invoice or pumping/transport manifest provided by the service company. 8

This documentation shall have the name of the service company, the address and the phone number of the service company, the location (facility) to grease trap wastes were taken for disposal, the volume of material removed from the grease interceptor, the date the service was performed and the name and signature of the operator who performed the service. (d) The entire contents of the grease interceptor shall be removed and the internal surfaces washed down when cleaning the grease interceptor. This may include scraping excessive solids from the walls, floors, baffles, and all pipe work. (3) Variance of Grease Interceptor Cleaning Frequency (a) A variance to clean the interceptor at a lower frequency (greater than once every three (3) months) may be granted, if the accumulated grease cap and sludge pocket measurements remain below twenty-five percent (25%) of the total depth of the grease interceptor s interior floor to the static or working water level, at any point between the influent and effluent pipes/baffles of the grease interceptor. (b) A variance to the scheduled maintenance requirements for grease interceptors may be requested of the City, upon submission of sufficient information and documentation. Such documentation shall provide a written explanation for the need to vary from the maintenance schedule requirements of paragraph C(2)(b) of this section. (c) After submission of a request to the City, the City will review all information submitted and will notify the Food Service Establishment in writing of its acceptance or denial of the variance request. (d) Variance Study. All FSEs requesting a variance shall agree to submit to a variance study. The City has the right to discontinue the variance study at any time the grease interceptor discharge adversely affects the sanitary sewer collection system or treatment works. Variance Study Procedure. Once the City approves a variance study, the FSE shall conduct the study as specified below: 9

1. To start the variance study, the grease interceptor shall be completely pumped and sufficiently cleaned by a servicing company at the user s expense. A variance study cannot be conducted unless the grease interceptor is properly serviced, as determined by the City. 2. The FSE shall contact the City seven (7) working days prior to the scheduled interceptor cleaning. 3. Once the grease interceptor is cleaned properly and refilled with water from the FSE, the City will conduct a visual inspection of the grease interceptor and verify that all components of the trap are in place and in proper working order. If a grease interceptor fails the visual inspection, the FSE shall correct all inadequacies at the owner s expense. The FSE shall notify the City in writing of all corrected measures upon completion. 4. Two (2) weeks after initial pumping, the City will take a core sample from the grease interceptor to determine grease interceptor performance. 5. Four (4) weeks after the initial pumping, the City will take a second core sample to evaluate the performance of the grease interceptor. 6. This process will continue on a biweekly frequency until the accumulated grease layer and solids accumulation reach twenty-five percent (25%) of the total depth of the grease interceptor. Variance studies cannot exceed ninety (90) days. 7. The City will review all data obtained, and submit in writing the results of the variance. 8. The City is not responsible for any grease discharge, odor, or blockage associated during or after the variance study. At no time during the variance study can the grease interceptor be pumped, except by direct approval of the City. (e) Variance approval. After review of the Variance Study results, the City will approve or deny a variance and establish an approved pumping frequency. (f) Variance Revocation. A variance may be revoked by the City, at its discretion, if any time after a variance is granted the following occurs: 10

1. Grease interceptor discharge adversely affects the sewer collection system or treatment works. 2. Grease and solids accumulation is greater than twentyfive percent (25%) of the total depth from the grease interceptor s interior floor to the static or working water level, at any point within the grease interceptor. 3. An FSE significantly increases food service production, increases seating capacity or changes its menu. 4. An FSE causes or contributes to a sanitary sewer blockage or overflow. (4) Repairs. Repairs should be performed by a licensed plumber. Repairs are considered the repair or replacement of baffles, influent and effluent piping, vents, covers, and piping. 13.08.316 Disposal of Grease interceptor Wastes A. The disposal of all Grease interceptor Wastes shall comply the Federal and State laws and requirements for the disposal of septic wastes. B. Mobile Dewatering of Grease Interceptor Wastes. The return of gray water backing into the grease interceptor from which the wastes were removed is allowed under the following provisions: (1) Only gray water generated from the grease interceptor wastes may be returned to the same grease interceptor from which they were removed; (2) Mobile Dewatering Equipment designed to dewater grease interceptor wastes may be used to dewater the grease interceptor wastes and generate the gray water that will be returned to the interceptor; (3) The gray water return rate shall be controlled to allow sufficient time for residual solids and grease to be properly removed by the grease interceptor receiving the gray water. (4) The mobile Dewatering Equipment operator shall have prior approval from the City to return gray water to the interceptor. (5) The Mobile Dewatering Equipment operator shall have prior approval of the FSE to return gray water to the interceptor. 11

(6) The return or discharge of grease interceptor wastes, other than gray water, or grease interceptor wastes collected from another location, is a misdemeanor and subject to enforcement actions. (7) The discharge of wastewater and/or sludge from sources other than the grease interceptor receiving the turned gray water is a misdemeanor and subject to enforcement actions. 13.08.317 Recordkeeping A. FSEs shall maintain a bound and numbered logbook in which a record of all interceptor maintenance is entered, including the date and time of the maintenance, details of any repairs required, dates of repair completion and any other records pertaining to the interceptor. This logbook shall be made available for review upon request by the City. An FSE shall also maintain a file on-site containing the following information: (1) The (as-built) drawings of the plumbing system; (2) Records of inspections; (3) Grease Interceptor service Receipts; (4) Log of pumping activities; (5) Log of maintenance activities; (6) Hauler information; (7) Disposal information; and (8) Monitoring data. B. Record Retention. The file shall be available at all times for inspection and review by the City. All grease interceptor maintenance and compliance records and correspondence shall be retained on-site by the permitted facility for a minimum of three (3) years. 13.08.318 Rights of Entry A. The City has the right to enter the premises of any FSE to determine whether the FSE is complying with all requirements of this ordinance or order issued hereunder. FSEs shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, the performance of any additional duties. B. Where an FSE has security measures in force which require proper identification and clearance before entry into its premises, the FSE shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the City is permitted to enter without delay to perform its specific responsibilities. 12

C. Unreasonable delays in allowing the City access to the FSE s premises is a misdemeanor. 13.08.319 Compliance Monitoring A. The City has the right to set up on the FSE s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the FSE s operations. B. The City may require the FSE to install monitoring equipment, as necessary. The facility s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the FSE at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy. C. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the FSE at the written or verbal request of the City and cannot be replaced. The FSE is responsible for the costs of clearing of such access. D. Inspection. The City is authorized to inspect all FSEs on a scheduled basis and/or on an unscheduled and unannounced basis. The City may inspect the following, without limitation: all equipment, food processing, storage areas and the processes that produce wastewater discharged from the facility through the grease interceptor/trap. The City may also inspect the interceptor/trap maintenance logbook and files, other pertinent data, the grease interceptor/trap and may check the level of the interceptor contents and/or take samples as necessary. 13.08.320 Abandoned Grease Interceptors A. When a facility with a grease interceptor closes and is subsequently razed or demolished, any grease interceptor or interceptors shall be either: (1) Physically removed; or (2) Have all effluent pumped out, a straight line plumbed from the inlet to the outlet, and the remainder of the tank filled with soil or sand. B. When a facility with a grease interceptor is remodeled and the grease interceptor will not be used, then the grease interceptor or interceptors may be left in place, however: (1) The grease interceptor or interceptors or traps shall have all effluent pumped out, the trap cleaned thoroughly and the grease interceptor or interceptors or traps left dry and empty, and 13

(2) Be plumbed as to bypass the existing grease interceptor(s) or traps, either by straight through or by bypassing methods, while leaving the empty trap in place for possible future use by another business, or C. When a facility with a grease interceptor closes and is replaced with a type of business that will not use the grease interceptor(s), that business shall have an existing grease interceptor or interceptors or traps: (1) Physically removed; (2) Plumbed as to bypass the existing grease interceptor(s) or traps, either by straight through or by bypassing methods, while leaving the empty trap in place for possible future use by another business; or (3) Plumbed with a s straight line plumbed from the inlet to the outlet, and the remainder of the grease interceptor(s) or traps filled with soil or sand. D. In all instances, the owner of the premises shall appropriately inform the City and perform the closure at such a time so as to permit an inspector to be physically present during the removal or filling of the interceptor. 13.08.321 Enforcement Failure to comply with the provisions of this ordinance is considered a misdemeanor and subject to enforcement actions under the City Code. In addition, to these misdemeanor enforcement actions the City is authorized to take the following actions to achieve compliance with this ordinance. A. Mandatory Interceptor/Trap Service. The City may issue an order requiring the FSE to conduct Interceptor/Trap Maintenance services within a mandatory time period. The cost of the services is the direct responsibility of the FSE. B. Mandatory Interceptor/Trap Service Schedule. The City may impose a mandatory pumping and cleaning schedule to assure the proper maintenance of an interceptor not properly maintained by the FSE. The cost of the services is the direct responsibility of the FSE. Mandatory Service schedules may cover a time period of up to three (3) years. C. Cost Recovery. The City may assess the FSE the amount of those expenditures made by the City to clean-up or prevent sewer blockages and overflows caused by the discharge from an FSE. D. Administrative Fines. The City may assess fines to the FSE, not to exceed $1,000 per day per violation, for violations of this ordinance. 14

(1) Unpaid charges, fines, and penalties shall, after 60 calendar days, may be assessed an additional penalty of twenty-five percent (25%) of the unpaid balance, and interest accruing thereafter at a rate of one percent (1%) per month. A lien against the FSE s property will be sought for unpaid charges, fines and penalties. (2) FSEs desiring to dispute such finds shall file a written request to the City for the City to reconsider the fine, along with full payment of the fine amount, within (30) days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter. In the event the FSE s appeal is successful, the payment, together with an interest accruing thereto, will be returned to the FSE. The City may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine, (3) Issuance of an administrative fine will not be a bar against, or a prerequisite for, taking any other action against the FSE. E. Emergency Suspensions. The City may immediately suspended a discharge or water service, after informal notice to the discharger, whenever such suspension is needed to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. 13.08.322 Fees The City may assess administrative fees to carry out the approvals and inspections mandated under this ordinance. Administrative fees are set under separate resolution of the Council. 13.08.323 Severability If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions are not effected and continue in full force an effect. 13.08.324 Conflicts All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of the inconsistency or conflict. 13.08.325 Effective Date This ordinance is in full force and effective thirty (30) days following its passage, approval, and publication, as provided by law. 15

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